In the following story, we don't know what happened. Just as we don't know what happened in any case we report on prior to an adjudication. We don't know who is telling the truth. We have a serious allegation that certainly merits a protective order against the man. But a man has been deprived of his liberty, with bail set at a substantial level, based on the say-so of a lone accuser. He says it didn't happen. And that's how it works. What if she's lying? Doesn't happen, you say? It does, and not infrequently. It certainly might turn out that the man is guilty as alleged -- I wouldn't be at all surprised. But too many innocent men are also snagged in the net that sends men to jail based on nothing more than the allegation of a woman. Domestic violence is a problem, but so is trampling on the civil liberties of presumed innocent men.
From the Jan. 12 "Police Blotter" of the Daily Sound (Santa Barbara)
Jan. 5, 10:45 p.m. — A domestic dispute brought officers to a home in the 2900 block of Verde Vista Drive. The victim told police that her husband began arguing with her earlier that day because he wanted sex and she declined.
The 41-year-old suspect reportedly hit the victim six times to the back of the head and pushed her onto a couch. When she continued to decline his advances, he responded, “Shut the f— up; you’re my wife, you’ll do what I say.”
The victim said she became fearful for her safety and stopped resisting. Authorities issued an emergency protective order against the suspect and took him into custody. The 41-year-old admitted to arguing with his wife, but denied hitting her or forcing her to have sex.
Authorities booked the suspect on suspicion of spousal battery and spousal rape. Bail was set at $100,000.
http://www.thedailysound.com/011210policeblotter
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8 comments:
Don't worry, her lack of injuries will be proof he "knows how to hit".
Right!
Have you read this?
http://www.dailymail.co.uk/news/worldnews/article-1240770/France-introduce-new-law-banning-psychological-violence-marriages.html
or this;
"Abusegate": The Most Important Word in the English Language
http://news.mensactivism.org/node/14517
http://www.mediaradar.org/docs/RADARflyer-Time-to-Tell-the-Truth.pdf
R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence.
http://www.mediaradar.org/docs/RADARreport-50-DV-Myths.pdf
So what would have them do, not arrest the man?
Anon, that is a very difficult question. If all we have is an accusation, it is certainly prudent to rely on restraining orders. To deprive someone of his liberty is a drastic measure, and unfortunately, it is a tool frequently misused in dv disputes.
Anon, that is a very difficult question. If all we have is an accusation, it is certainly prudent to rely on restraining orders. To deprive someone of his liberty is a drastic measure, and unfortunately, it is a tool frequently misused in dv disputes.
Anon: Yes, the cops should not arrest anyone. They did not personally witness any crime so complaints of this kind should be treated like a citizen complaint.The female can file a complaint with the court clerk or the cops and the man will receive a summons in the mail to appear in court on a certain date. Then when she appears in court it is incumbent upon her to prove her allegations. He said/she said cases should be immediately dismissed.A defendant is presumed innocent and two people telling opposite stories is not evidence to convict. And the woman is not entitled to the assistance of the local prosecutor to prove her case because that would put the defendant (usually a layman) at a great disadvantage and he would have to hire a lawyer. No man should be put to this expense based solely on a woman's allegation or words.Unless there is a witness there is no case and it must be dismissed.
Anon at 2:57, that is insane. All due respect. Insane. Rape is a crime typically committed in private, and it merits very careful investigation, not dismissal without a video to prove it. It is a very difficult crime to investigate, and it requires greater expertise than a typical crime. Your advice would invite rape to be committed with impunity.
Oh, my!
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